Comment Log Display

Dear Ms. Nichols:

The National Federation of Independent Business Small Business
Legal Center (NFIB Legal Center) submits these comments on behalf
of California’s small business community, and on behalf of small
business owners nationwide who may be impacted by regulations
promulgated by the Air Resources Board (ARB). We write specifically
to express concern over speculation that ARB is laying the
groundwork—through adoption of the proposed scoping plan—for
regulation of greenhouse gas emissions (GHGs) in a manner that
exceeds the agency’s authority. Specifically, the proposed Climate
Change Scoping Plan First Update refers to “California’s 2020 and
2050 climate goals.” But, the Legislature has not yet authorized
ARB to take any action to regulate emissions beyond 2020, and has
never set climate goals for 2050.

ARB’s authority to regulate GHGs derives from AB 32’s mandate to
reduce California’s GHGs to 1990 levels by the year 2020. This may
confer broad authority upon the agency to tailor its regulatory
program to achieve that end, but it cannot serve as a predicate for
regulating beyond 2020. Nor can this grant of authority be
understood to authorize ARB to take steps to reduce emissions below
1990 levels. As such, NFIB Legal Center files here to make the
point that it is inappropriate for ARB to include plans for
emission reductions beyond 2020, or below 1990 levels, in its
scoping plans.

California is already imposing draconian burdens on the regulated
community under AB 32 and NFIB would object to any further effort
to exacerbate those burdens beyond what is plainly authorized by
the Act. To the extent ARB is 
contemplating regulatory changes, we encourage the agency to
specifically contemplate the effects such changes will have on
small business. Moreover, we encourage the agency to consider
economic feasibility of contemplated regulatory changes before
committing to them in adopting the proposed scoping plan. 

For the foregoing reasons, NFIB Legal Center respectfully objects
to the inclusion of scoping plans proposed for the years
2021-2050.

Luke A. Wake
NFIB SMALL BUSINESS LEGAL CENTER
921 11th Street, Suite 400
Sacramento, CA 95814